The U.S. Supreme Court dismissed an appeal asking it to overturn the ‘Obergefell v. Hodges’ ruling that legalized same-sex marriage ten years ago. ...
On June 26, 2015, at the U.S. Supreme Court building in Washington, supporters of same-sex marriage wave rainbow flags after the ‘Obergefell v. Hodges’ ruling that legalized same-sex marriage. Reuters/Yonhap News The U.
S. Supreme Court dismissed an appeal asking it to overturn the ‘Obergefell v. Hodges’ ruling that legalized same-sex marriage ten years ago. The Court said on the morning of the 10th that it had denied a petition filed by Kim Davis, a former employee of a Kentucky court. The justices did not provide a separate reason for the denial. After the Obergefell ruling, Davis refused to issue marriage licenses to same-sex couples on religious grounds and was sued by same-sex couples. In a 2023 trial, Davis lost and was ordered to pay $260,000 in damages. She was also jailed for several days for violating a federal order to issue marriage licenses. Davis then appealed to the Supreme Court, arguing that the Obergefell ruling misjudged constitutional rights. There had been predictions that if the Court overturned Obergefell, multiple state laws banning same-sex marriage would come back into force. Concerns had grown as the Supreme Court, where conservative justices hold a 6-to-3 majority, has recently reversed precedents. In 2022, it overturned the ‘Roe v. Wade’ decision that had protected abortion rights. In May, it also ruled that the Donald Trump administration could implement a policy that effectively excluded transgender people from military service, among other decisions that rolled back the rights of sexual minorities. Mary Bonauto, the civil rights attorney who argued the Obergefell case, said in a statement, “The Supreme Court reaffirmed the long-standing principle that it should be the people, not the government, who can decide whom to marry,” and, “Since Obergefell, the only thing that has changed is that the entire nation has witnessed how same-sex marriage protects families and children and strengthens our society.” Since Davis filed her appeal, opposition sentiment regarding same-sex marriage has grown within conservative circles. According to a Gallup poll in May, Republican support for same-sex marriage fell from 55% in 2021 to 41% this year. In April, Republican lawmakers in six state legislatures nationwide also introduced resolutions urging the Supreme Court to overturn Obergefell. Despite the decision that day by the Court, efforts to overturn Obergefell appear likely to continue. Heather Scott, an Idaho state legislator who had submitted a resolution requesting that the Obergefell ruling be reversed, said, “We will continue to pressure the Supreme Court to invalidate Obergefell,” and, “We will continue to act next year as well.” Richard Garnett, a professor at Notre Dame Law School, said, “The appeal by Davis is closer to an attempt to build public pressure on the Supreme Court than to a constitutional issue.” As anxiety grew that the ruling could be overturned, some states saw state-level moves to repeal state statutes or constitutional provisions that ban same-sex marriage. In Virginia, there is an ongoing campaign urging the state legislature to pass a state constitutional amendment guaranteeing the right to marry regardless of race, sex, and other characteristics. According to the U.S. Census Bureau, over the ten years since the Obergefell ruling, the number of same-sex couples in the United States has doubled to 774,000.
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